Determining Spousal Support in Ohio Divorce Cases
Spousal support, sometime referred to as alimony, is a financial payment from one spouse to another after a divorce or legal separation. Unlike child support, which follows strict guidelines, spousal support is discretionary and based on a variety of financial and personal factors.
In this article, we’ll explain how Ohio courts determine spousal support, who may be eligible, and why working with an experienced family law attorney is essential.
What is Spousal Support?
Spousal support is a court-ordered payment from one spouse to another to help maintain financial stability after a marriage ends. It may be awarded temporarily while the divorce is pending or as part of the final divorce decree.
Who Is Eligible for Spousal Support in Ohio?
Eligibility for spousal support is determined on a case-by-case basis. Courts evaluate whether one spouse has a financial need and whether the other has the ability to pay. While there is no minimum marriage length required, longer marriages, especially those over 10 years, are more likely to result in support being awarded. However, even in shorter marriages, support may be granted if there are special circumstances, such as health issues or significant income disparity.
How Long Does Spousal Support Last?
Ohio law does not use a fixed formula to determine the duration of spousal support. However, a common rule of thumb used by some practitioners is one year of support for every three years of marriage, though this is not a legal standard.
Short-term marriages (under 10 years): Support may be limited or denied.
Mid-length marriages (10–20 years): Support is often time-limited and rehabilitative.
Long-term marriages (20+ years): Courts may award long-term or indefinite support, especially if one spouse is unlikely to become self-sufficient.
What Factors Do Courts Consider?
Under Ohio Revised Code §3105.18(C), courts consider 14 statutory factors when determining the amount and duration of spousal support. Key factors include:
Income and Financial Resources
Courts assess each spouse’s income, retirement benefits, assets, and debts. This includes wages, investment income, and business earnings. For business owners, not only salary but also retained earnings—profits kept in the business—may be counted as income. Tax implications of any support award are also considered.
Marital History and Contributions
The court considers the length of the marriage, the couple’s standard of living, and each spouse’s contributions. This includes financial support for a spouse’s education, time spent raising children, or career sacrifices made for the family.
Future Earning Capacity
Judges evaluate each spouse’s ability to become financially independent. Factors include education, job prospects, and the time or cost needed for retraining. Courts also consider caregiving responsibilities, health conditions, and time spent out of the workforce, especially for older individuals or primary caregivers.
Can Spousal Support Be Waived?
Yes. Spouses can agree to waive spousal support in a divorce settlement. This is often done when both parties are financially independent or reach a mutually acceptable agreement. However, once waived, spousal support typically cannot be reinstated, even if circumstances change.
Does Fault Affect Spousal Support in Ohio?
No. Ohio is a no-fault state when it comes to spousal support. This means that issues like infidelity, abuse, or financial misconduct are not considered when determining whether support should be awarded. The court focuses on financial fairness, not personal wrongdoing.
What Is Temporary Spousal Support
Ohio courts can award temporary support while the divorce is pending. This helps maintain financial stability during the legal process. It is common for the spouse requesting support to file a motion for temporary relief early in the case.
Conclusion
Spousal support decisions in Ohio are complex and emotionally charged. Whether someone is seeking support or opposing it, having a knowledgeable and compassionate attorney can make all the difference.
Whether you are seeking spousal support or responding to a request for it, it is important to work with an experienced Ohio family law attorney who understands how local courts evaluate these cases. The legal team at N.P. Weiss Law provides knowledgeable and strategic guidance to help clients navigate the complexities of spousal support and protect their financial interests.
📅 Ready to move forward? Schedule a paid consultation with Attorney Nicholas Weiss.
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About the Author
Attorney Eric Cherry focuses his practice on family law, offering compassionate and strategic representation to clients facing life’s most personal legal challenges. He serves individuals and families across Northeast Ohio with integrity and care.
This blog post is for informational purposes only and does not constitute legal advice. Reading this post does not create an attorney-client relationship. For legal advice specific to your situation, please contact a licensed attorney.
